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Coalition for Free Trade Applauds Court Ruling that New York's Prohibition on Interstate Direct Wine Shipments is Unconstitutional.


Business/News Editors

SACRAMENTO, Calif.--(BUSINESS WIRE)--Nov. 12, 2002

New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 State's prohibition on interstate, direct-to-consumer wine shipments is unconstitutional, ruled U.S. District Court Judge Richard Berman Richard Berman is the executive director of the Center for Consumer Freedom, a food industry-supported nonprofit; executive director of the Center for Union Facts, an organization that is critical of organized labor leaders; and president of the Washington public affairs firm  today. A hearing to decide a remedy is scheduled for December 5.

"This is the second favorable court ruling in a little more than a week," said Tracy Genesen, legal director of the Coalition for Free Trade (www.coalitionforfreetrade.org) and senior counsel at Hyde, Miller, Owen & Trost, of Sacramento. On November 4, the 11th Circuit Court of Appeals ruled that Florida must demonstrate why its felony prohibition on such shipments is required for it to collect taxes from out-of-state wineries, when these same discriminatory laws do not apply to in-state wineries.

Attorneys for the Coalition for Free Trade said the ruling does not immediately open up interstate wine shipments from out-of-state wineries to New York consumers, nor from New York wineries to consumers in states that allow for such shipments. Nevertheless, the decision is the latest in three similar rulings in Florida, North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures


Area, 52,586 sq mi (136,198 sq km). Pop.
 and Virginia that are anticipated to help propel the issue to the U.S. Supreme Court, according to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 the Coalition for Free Trade.

The Coalition for Free Trade provided legal strategy on the case and submitted winery affidavits and jointly filed an amicus brief with the Family Winemakers of California. The case was litigated by the Institute for Justice (www.ij.org). Plaintiffs included two wineries (Swedenburg Winery of Virginia, and The Lucas Winery of California) and three consumers. Defendants included the chairman and commissioners of the State Liquor Authority, Division of Alcohol Beverage Control, New York. Intervenor-defendants were primarily composed of powerful New York wine wholesalers: Charmer charm·er  
n.
1. One that charms, especially a disarmingly attractive person.

2. One who casts spells; an enchanter or magician.

Noun 1.
 Industries, Inc., Peerless Importers, Inc., Eber Brothers Wine & Liquor Corp., and Premier Beverage Company, LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
.

The Coalition for Free Trade is a non-profit organization seeking judicial relief from laws prohibiting the direct shipment of wine. The CFT CFT complement fixation test; see under fixation.

CFT

complement fixation test.
 is assisting winery and consumer plaintiffs with six lawsuits in New York, Florida, North Carolina, Texas, Michigan, and Virginia. www.coalitionforfreetrade.org.
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Publication:Business Wire
Geographic Code:1U5FL
Date:Nov 12, 2002
Words:341
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